HomeMy WebLinkAboutReports - 2023.04.20 - 38146
AGENDA ITEM: Acceptance of the PY 2022-2023 Housing Education Program from the Michigan
State Housing Development Authority
DEPARTMENT: Health & Human Services - Neighborhood and Housing Development
MEETING: Board of Commissioners
DATE: Thursday, April 20, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-2724
Motion to approve the PY 2022-2023 Michigan State Housing Development Authority Housing
Education Program grant agreement in the amount of $18,000 for the period of July 1, 2022 through
June 30, 2023 and authorize the Chair of the Board of Commissioners to execute the grant
agreement; further amend the FY 2023 budget as detailed in the attached Schedule A.
ITEM CATEGORY SPONSORED BY
Grant Penny Luebs
INTRODUCTION AND BACKGROUND
The Michigan State Housing Development Authority (MSHDA) administers a Housing Education
Program (HEP) which is a network of counselors who provide homebuyer education and foreclosure
prevention services. MSHDA has awarded $18,000 to the Neighborhood Housing & Development
(NH&D) Division’s Housing Counseling and Homeless Services Unit to perform homebuyer
education, pre-purchase, financial capability, and foreclosure services for Oakland County
households in accordance with adopted National Industry Standards for Homeownership Education
and Counseling. MSHDA will reimburse Oakland County Community & Home Improvement Division
housing counselor salary and benefit costs not to exceed $18,000 to facilitate housing education
services for clients seeking to purchase or retain a home. The terms of the agreement will cover
work performed by the NH&D Division during the period beginning July 1, 2022 through June 30,
2023.
The Division will use this grant revenue in addition to the federal Community Development Block
Grant and Housing Counseling Grant to fund the housing counselors' salaries and fringe benefits
including one (1) Special Revenue (SR) Full Time Eligible (FTE) Housing Counseling and Homeless
Services Supervisor position (1060702-03354), one (1) SR FTE Senior Neighborhood & Housing
Development Specialist position (1060702-00730) and one (1) SR FTE Neighborhood & Housing
Development Specialist position (1060702-10806).
The acceptance of this contract does not obligate the County to any future commitment. This grant
agreement has completed the Grant Review Process according to the Board of Commissioners
Grant Procedures.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Shane Bies, Manager Neighborhood & Housing Development-UNI
ITEM REVIEW TRACKING
Penny Luebs, Board of Commissioners Created -
AGENDA DEADLINE: 04/20/2023 6:00 PM
ATTACHMENTS
1. PH&S_NHD_PY2022-23 Housing Ed Grant Sched A
2. Grant Review Sign-Off
3. FY22-23 MSHDA HEP Grant Award Announcement email 8.17.22
4. Updated Budget Form
5. County of Oakland Grant Agreement - HEP 2022-2023 revised
COMMITTEE TRACKING
2023-04-11 Public Health & Safety - Recommend to Board
2023-04-20 Full Board - Approve
Motioned by: Commissioner Robert Hoffman
Seconded by: Commissioner Michael Gingell
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Marcia Gershenson, Janet Jackson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, Gwen Markham, Angela Powell (3)
Passed
Oakland County, Michigan
HEALTH AND HUMAN SERVICES DEPARTMENT/NEIGHBORHOOD AND HOUSING DEVELOPMENT DIVISION - PY 2022-2023 HOUSING EDUCATION PROGRAN FROM THE MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY HOUSING
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)Grant ID (GRN) #
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2023
Amendment
FY 2024
Amendment
FY 2025
Amendment
R Housing & Community Developmet Neighborhood & Housing Development FND11006 CCN1060702 RC615571 PRG132210 GRN-1004099 615000 State Operating Grants $18,000 $-$-
Total Revenues $18,000 $-$-
E Housing & Community Developmet Neighborhood & Housing Development FND11006 CCN1060702 SC702010 PRG132210 GRN-1004099 702000 Salaries $11,614 $-$-
E Housing & Community Developmet Neighborhood & Housing Development FND11006 CCN1060702 SC722740 PRG132210 GRN-1004099 722000 Fringe Benefits 6,386 --
Total Expenditures $18,000 $-$-
GRANT REVIEW SIGN-OFF –Health & Human Services – Neighborhood & Housing
Development
GRANT NAME: MSHFA 2022-2023 Housing Education Program
FUNDING AGENCY: Michigan State Housing Development Authority (MSHDA)
DEPARTMENT CONTACT: Shane Bies
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 03/02/2023
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-
off and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Sheryl Johnson (03/06/2023)
Human Resources:
Approved by Human Resources. No position impact. – Heather Mason (02/28/2023)
Risk Management:
Approved. Prior to final acceptance, section 8 on page 4 of the pdf document titled "County of Oakland Grant - HEP
2022-2023” will have to be modified to allow the County to self-insure the required insurances in this section. As section
8 is currently written Oakland County does not and cannot comply. - Robert Erlenbeck (03/02/2023)
Corporation Counsel:
Approved. The agreement will be acceptable this year’s sections 8 and 24 are removed and replaced with last year’s
sections 8 and 24 (the insurance and indemnification language). - Heather Lewis (03/02/2023)
[Revised grant agreement is included with correct wording for insurance]
1
O' Donnell, Stephen
From:Gilman, Tara (MSHDA) <GilmanT@michigan.gov>
Sent:Wednesday, August 17, 2022 10:56 AM
To:O' Donnell, Stephen
Subject:FY22-23 HEP Grant Award Announcement
Attachments:MSHDA HEP Handbook - 2022-2023.docx; HEP 2022-2023 TAR.xlsx; County of Oakland Grant.pdf
Follow Up Flag:Follow up
Flag Status:Completed
Congratulations!
Our MSHDA Board approved the FY22‐23 HEP Grant budget of $750,000.
We received and scored 30 HEP applications to be awarded. Scoring was based on HUD’s formula of projected clients
and capacity within an agency.
Please find attached the FY22‐23 Housing Education Program (HEP) grant agreement for your review. If your agency
contact information on the grant agreement needs to be changed or updated, let Veronica or I know and we will correct
it right away. If everything is in order, have the grant agreement signed and email a copy of the signature page and your
revised budget to Carol, Veronica and me. We do not need the entire document returned, nor a copy mailed to us.
Return the following:
1. Signature Page
2. Revised Budget based on funding award
Note: Indirect Expenses are an optional budget line item. Agencies wishing to use a portion of funds
must select one of the following:
o De Minimis = 10% of your Personnel Labor Costs (line A) NOT the total grant award
o Governmentally Approved NICRA
Important Date:
September 7th Welcome/Onboarding Meeting and Webinar 2:00‐3:00 p.m.
Thank you!
Tara
Housing Education Specialist
(517) 241‐4351
CAUTION: This message is from a sender outside of the Oakland County organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Budget Item
FY2022
expenditures
for
07/01/2022
To
06/30/2023
Description
*Must provide a detailed
explanation for each
expense. Failure to offer a
detailed outline may result in
application denial.
Detailed Explanation
DIRECT EXPENSES
a.
Personnel
(Direct Labor
Costs)
$ 18,000
Enter details of staffing that
will be charged including
name, title and estimated %
of HEP grant award
*All staff billed using a pre-
approved fully loaded
hourly rate.
Indicate yes or no if the person
received a pension from the
State of Michigan
Staff Name: Melissa Felice
No
Title: Housing Counselor
% of Time Charged: 15%
Staff Name: Steve O’Donnell
No
Title: Housing Counselor
% of Time Charged: 5%
Staff Name: Kathy Williams
No
Title: Supervisor/Housing
Counselor
% of Time Charged: 5%
Staff Name: Yes or
No
Title:
% of Time Charged:
b.Credit Reports $ 0
Outline: (a) estimated # of
reports that will be run and
for which program (b) if it will
be a single-merge or tri-
merge report.
# of Credit Reports:
Type of Merge:
Program(s):
c.
Training $ 0
Outline: Name of staff
member, course title &
provider of anticipated
training course & anticipated
month(s) of each training will
be completed
Staff Name:
Course Title:
Month Completed:
Staff Name:
Course Title:
Month Completed:
Staff Name:
Course Title:
Month Completed:
Staff Name:
Course Title:
Month Completed:
Staff Name:
Course Title:
Month Completed:
d.
Travel $ 0
Outline: Estimated travel
expenses for program
delivery mileage as well as
travel expenses for trainings
listed above. Offer detail of
each expense. Must comply
with State of Michigan
travel rates.
Travel Expense:
e.Meals $ 0
Outline: Estimated meals for
travel expenses. Must comply
with State of Michigan
travel rates.
Meal Expense:
f.
Supplies $ 0
Outline: Estimated supply
expenses related to the
delivery of housing
counseling services. Indicate
item and cost. *Supply costs
must be related to the
delivery of housing
counseling services ONLY
and must not include
equipment, furniture, pens,
paper, etc.
Items for purchase:
g.
Marketing &
Advertising $ 0
Outline: Estimated marketing
& advertising costs. *Must be
designated for housing
counseling services ONLY.
Marketing and Advertising:
h.
Translation
Services $ 0
Outline frequency and/or
estimated cost from outside
vendors
Translator Expenses:
i.
Client
Management
System (CMS)
User Fees
$ 0
Outline: Name of your Client
Management System and the
cost and the frequency of this
expense (i.e. monthly,
quarterly, annually, etc.)
Client Management System:
System:Frequency:
:
TOTAL DIRECT
COSTS: $ 18,000
INDIRECT EXPENSES (10% of modified total direct cost rate)
j.
Indirect Expense
Costs $ 0 This is an elective budget line
item and is not required.
Choose one of the following:
☐ Elect to a 10% De minimis (*10% De
minimis is calculated from the total
Direct Personnel Labor Costs using
only line (a) above)
☐ Elect to use a Federally Approved
Negotiated Indirect Cost Rate Agreement
(“NICRA”) _____________%
☐ Choose neither De minimis or NICRA
TOTAL:$18,000 (not to exceed $45,000)
MSHDA Housing Education Program Grant Agreement pg. 1
GRANT NO. _________HEP23-25
EFFECTIVE DATE: __July 1, 2022
MAXIMUM GRANT AMOUNT: $18,000
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
2022-2023 HOUSING EDUCATION PROGRAM
GRANT AGREEMENT
WITH
County of Oakland
This 2022-2023 HOUSING EDUCATION PROGRAM GRANT AGREEMENT (this “Agreement”)
is made and entered into as of the July 1, 2022 by and between the MICHIGAN STATE HOUSING
DEVELOPMENT AUTHORITY, a public body corporate and politic, located at 735 E. Michigan
Avenue, Lansing, Michigan 48912 (the "Authority" or “MSHDA”), and County of Oakland located at
250 Elizabeth Lake Road, Suite 1900, Pontiac, MI 48341 (“Grantee”) (collectively, the “Parties”) to
set forth the terms and conditions under which the Authority will provide grant assistance to Grantee to
carry out the Authority’s Housing Education Program (“HEP” or the “Program”), subject to the
availability of funds, terms, conditions, and limitations as set forth herein (the “Grant”).
RECITALS:
A.The Authority’s Homeownership Division created the Housing Education Program (“HEP”), the
purpose of which, is to facilitate education for persons seeking to rent, purchase or retain a home.
The HEP partners with housing counseling agencies (“Agency” or “Agencies”) to provide to
individuals residing in Michigan (“Clients”) access to housing education and counseling to help
them make informed choices about homeownership. Additionally, Agencies may provide
assistance to current homeowners or renters who are in need of foreclosure counseling, rental
counseling and other related housing counseling. To be eligible as a HEP-partner, an Agency must
complete HEP enrollment requirements, including but not limited to, completion of a partnership
profile, which must be acceptable to the Director of Homeownership (the “Partnership Profile”).
MSHDA Housing Education Program Grant Agreement pg. 2
B. The Grantee has represented to the Authority that it fully intends to undertake or continue a
program planning for or implementing housing education for persons seeking to purchase or retain
a home.
C. The Authority must assure that funds are being used for purposes and in a manner that are in
accordance with the Act 346 of the Michigan Public Acts of 1966, as amended and the Authority's
General Rules, which are incorporated herein by reference.
NOW, THEREFORE, in consideration of and as a condition to receiving the Grant, the Grantee
agrees that:
1. Subject to Act and Rules. The Authority has been created and authorized under Act 346 of the
Michigan Public Acts of 1966, as amended (the "Act"). All actions of the Grantee are subject to the
terms of this Agreement, the provisions of the Act and the Rules of the Authority, being R 125.101,
et seq (the “Authority Rules”). The terms and conditions set forth herein are a reasonable and
appropriate means to assure the use of Grant funds in accordance with the Act and the Authority
Rules. All aspects of the Grantee's plan for the use of the Grant are specifically described in and
attached hereto as Exhibit A, which is incorporated herein, and the Grantee will operate as
described in Exhibit A, which may be amended by the Authority from time to time.
2. Review by the Authority. The Grantee’s activities shall be subject to the review and, in the
Authority’s discretion, audit by Authority staff to ensure compliance with this Agreement, the Act,
the Authority Rules, and the Grantee shall provide any books, records or documents in such form
and at such place as the Authority may request.
3. Program Requirements. The Grantee shall, in a satisfactory and proper manner as determined by
the Authority, render the services described in the HEP Housing Counseling Program Agreement
entered into between the Authority and HUD, the HEP Housing Counseling Handbook, as amended
from time to time, and the Program Requirements incorporated herein and attached as Exhibit A.
4. Term. The effective date of this Agreement is July 1, 2022. Unless otherwise modified, suspended,
or terminated by the Authority, as defined herein, this Agreement shall remain in effect until such
MSHDA Housing Education Program Grant Agreement pg. 3
time as the Grantee has: 1) expended or returned to the Authority the funds authorized hereunder
or 2) June 30, 2023 whichever occurs first.
5. Grant Funds Disbursement. The total amount of grant assistance to be paid by the Authority to
the Grantee under this Agreement shall not exceed $18,000 (Eighteen Thousand Dollars) for costs
to facilitate Housing Education Services for clients seeking to purchase or retain a home. The
Grantee agrees that disbursement(s) under this Agreement shall be made in accordance with
Authority established schedules and procedures (the “Disbursement”). The Grantee further agrees
that in the event no funds are advanced or disbursed (hereafter “advanced” and “disbursed” are
individually and collectively referred to as “Disbursed”) within ninety (90) days of the effective
starting date as defined herein, the funds authorized pursuant to this Agreement shall be subject to
recapture by the Authority. Further, in no event will any Disbursement be made after a written
notice by the Authority to the Grantee of a violation of this Agreement, and the violation has not
been corrected to the satisfaction of the Authority. If a Disbursement is made pursuant to this
Agreement for a specific purpose and is not used by the Grantee for that purpose due to conditions
that make it impossible to use as provided herein, or if the Grantee decides not to use the money,
upon such disbursal or upon such decision, the Disbursement shall be returned to the Authority
immediately.
6. Responsibility for Costs. The Grantee assumes responsibility for any and all costs to implement
the Program exceeding the amount of the Grant. If the costs of implementation exceed the amount
of the Grant, the Grantee will arrange for all additional funding necessary to complete the Program.
If the Grantee is unable to obtain the necessary additional funding, or firm commitments for such
funding, the Grantee will not proceed with the Program and will return all Grant proceeds to the
Authority.
7. Permits, Licenses, and Partnership Profile. The Grantee and all contractors, subcontractors,
subgrantees, and subrecipients shall be responsible for obtaining any and all permits, licenses, and
other proper authorization or permission-related documents required for the performance of this
Agreement. Additionally, the Grantee shall complete HEP enrollment requirements, including, but
MSHDA Housing Education Program Grant Agreement pg. 4
not limited to, completion and approval of a partnership profile.
8.Insurance. The Contractor shall maintain professional liability or self-insurance sufficient
in the amount to provide coverage for any errors or omissions arising out of the
performance of this Agreement. If, during the term of this Agreement, changed conditions
should, in the judgment of the Authority, render inadequate the Contractor’s current
insurance or self-insurance limits, the Contractor will furnish to the Authority proof of additional
insurance or self-insurance as may be required. All insurance or self-insurance required under
this Agreement shall be acquired at the Contractor’s expense, under valid
and enforceable policies, issued by insurers of recognized responsibility. The Authority reserves
the right to reject as unacceptable any insurer responsibility. The Authority reserves the right to
reject as unacceptable any policy and/or insurer.
9.Procurement Transactions. The Grantee shall ensure that all procurement transactions shall
be conducted in a manner that provides for open and free competitions in a manner consistent
with local, state and federal law. The Grantee hereby agrees that payment for services,
supplies or materials shall not exceed the amount ordinarily paid for such services, supplies or
materials in the area where the services are rendered or the supplies or materials are furnished.
10.2007 PA 95, MCL 38.68c. The Grantee and its employees, agents, and independent contractors
acknowledge 2007 PA 95, MCL 38.68c, as amended, requires retirees of the State Employees
Retirement System (i.e., former state employees who have pensions with the State of Michigan)
(“Pensioned Retirees”) who become employed by the State, either directly or indirectly through a
contractual arrangement with another party, on or after October 1, 2007, to forfeit their state pension
for the duration of their reemployment. Effective October 2, 2010, “employed by the state”
MSHDA Housing Education Program Grant Agreement pg. 5
includes engagements of pensioned retirees as independent contractors.
11.Protection of Persons and Property. The Grantee and all contractors, subcontractors, subgrantees,
and subrecipients shall secure all necessary certificates and permits from municipal or other public
authorities as may be required in connection with the performance of this Agreement.
12.Non-Discrimination. Subject to applicable laws, the Grantee agrees that all activities assisted
pursuant to the terms and conditions of this Agreement shall be open to all regardless of age, height,
weight, marital status, sex (including sexual orientation and gender identity or expression), race,
color, religion, or national origin, partisan considerations, or a disability or genetic information,
and that all contractors, subcontractors, sub-grantees, and sub-recipients involved shall take
affirmative action to assure an equal opportunity for employment, without discrimination as to age,
height, weight, marital status, sex (including sexual orientation and gender identity or expression),
race, color, religion, or national origin, partisan considerations, or a disability or genetic
information that is unrelated to the person’s ability to perform the duties of a particular job or
position.
13.Disclosures. If any member of the Grantee’s Board of Directors or staff or the Grantee’s agent,
consultant, officer, or elected or appointed official has a conflict of interest or an identity of interest
in the form of a financial interest or in the form of a common immediate family relationship with
(a)any of the staff persons hired, (b) any of the persons or households to be assisted directly or
indirectly with the funds, or (c) the persons and/or businesses retained to perform technical services
hereunder or with persons or businesses providing supplies or services for which funds are being
disbursed under this Agreement, the Grantee shall make written disclosure to the Authority of the
nature and extent of the relationship to the Authority prior to contacting with such persons and/or
businesses or hiring them. The Grantee further agrees not to enter into any contractual relationship
with any of the persons or entities listed above unless it has received written approval from the
Authority and/or HUD as applicable. The Grantee and its Board of Directors, staff, agent,
consultant, officer, or elected or appointed official shall also comply with all applicable HUD
requirements and regulations regarding conflict of interest, including but not limited to, 24 CFR
MSHDA Housing Education Program Grant Agreement pg. 6
85.36 or 24 CFR 84.42.
14.Violation of Agreement. In the event of a violation of any of the provisions of this Agreement, the
Authority will notify the Grantee in writing of the violation and the Grantee will have a 30-day
period in which to correct the violation. In the event the violation is not corrected to the satisfaction
of the Authority within the time prescribed herein, the Authority may:
a.immediately terminate the Grant, without further notice, in a writing signed by the
Authority's Executive Director; and
b. pursue any and all available remedies provided at law or in the Act.
The Grantee hereby agrees that an election by the Authority to pursue any one remedy shall not be
construed to preclude or be a waiver of the right to pursue any other remedy available to it. The
Authority reserves the right to pursue all remedies available to it to cure any violation of this Agreement.
15.Recapture and Reallocation. The Grant funds under this Agreement shall also be subject to
recapture and reallocation by the Authority if, at any time, the funds are not used in accordance
with terms and conditions of this Agreement.
16.Termination. The Authority may terminate this Agreement, in whole or in part, at any time before
the Date of Completion, whenever it is determined that the Grantee has failed to comply with the
conditions of this Agreement or in the event that funds are no longer available to the Authority.
The Authority shall promptly notify the Grantee in writing of the determination and the reasons for
the termination, together with the effective date of termination. Payments made to recipients or
recapture of funds by the Authority shall be in accordance with the legal rights and liabilities of the
parties.
17.Suspension from the Program. If the Authority discovers (a) evidence of improper billing by the
Grantee, (b) evidence of Grantee’s failure to provide the services required under this Agreement,
(c)evidence of Grantee’s failure to comply with this Agreement, or (d) funds are no longer
available to the Authority, the Authority may, at its discretion, suspend the Grantee from the
MSHDA Housing Education Program Grant Agreement pg. 7
Program and prevent further electronic funds transfer or prohibit the Grantee from incurring
additional obligations of grant funds, pending corrective action by the Grantee, resumption of
funding from the Authority, or a decision to terminate in accordance with this Agreement. The
Authority will notify the Grantee of the suspension in writing. The Authority will not pay the
Grantee for any services rendered during the suspension period. If the Grantee is suspended, the
Grantee will remain suspended until the earlier of (a) the Authority’s sole determination that the
problems leading to the suspension are not material or have been resolved to the satisfaction of the
Authority, (b) the termination of this Agreement by the Authority, or (c) the expiration of this
Agreement.
18.Record Keeping. Subject to the State of Michigan Records Retention and Disposal Schedule for
the Authority’s Homeownership Division, as amended, the Grantee shall retain all financial
records, personnel records, supporting documents, statistical records, and all other pertinent records
for a period of three years, or for a longer period of time if required by state or federal law, or if
there is a legal dispute or an open audit, records need to be retained at least until that dispute or
audit is resolved. The retention period shall commence from the date that the Grantee is notified in
writing that the Authority has completed its final review of the activities described and stated in
Exhibit A, which is attached and incorporated herein by reference. These records will be made
available for audit proposes to the Authority and the Auditor General of the State of Michigan, or
any authorized representative.
19.Submission of Reports. The Grantee shall prepare and submit reports and documents relating to
and supportive of the activities described in Exhibit A as may be required by the Authority. All
reports, correspondence, and documents required under this Agreement shall be submitted to:
Authority: Michigan State Housing Development Authority
Homeownership Counseling
735 E. Michigan Avenue, PO Box 30044
Lansing, MI 48909
Grantee/Address: County of Oakland
MSHDA Housing Education Program Grant Agreement pg. 8
250 Elizabeth Lake Road, Suite 1900
Pontiac, MI 48341
20.Availability of Documents. The Grantee hereby agrees that the activities described in Exhibit A
and all documents relating to and supportive of said activities, including but not limited to
specifications and reports of funds expended, shall be freely available to the Authority or its
authorized representatives for review by the Authority to ensure conformity with the terms of this
Agreement, and state and federal requirements, as applicable.
21.Severability of Provisions. It is declared to be the intent of the Parties that if any provision of this
Agreement executed by both Parties or its application to any persons or circumstances is adjudged
by any court of competent jurisdiction to be invalid, the court’s judgment shall not affect or
invalidate the remainder of this Agreement nor its application to other persons or circumstances,
unless so provided by the court or unless the severance of the invalid provision alters the basic
intent or purpose of this Agreement, would cause an increase of the Authority’s financial
obligation, or renders impossible the compliance with any applicable statute, regulation, limitation,
guideline, policy.
22.Amendments. This Agreement may only be amended by a written agreement signed by the
Authority and the Grantee.
23.Liability. The Authority, the State of Michigan, their officers, agents, and employees shall not, in
any manner, be liable for any loss or damages connected to or resulting from activities
implemented under this Agreement; nor to any materials, equipment, or other property that
may be used or employed in connection herewith, or for any injury or damages to any person
whether an employee of the Grantee or otherwise.
24.Indemnification. Each party to this Agreement will remain responsible for any claims arising
out of that party’s performance of this Agreement as provided by this Agreement or law. This
Agreement is not intended to increase or decrease either party’s liability for or immunity from
tort claims. This Agreement is not intended to nor will it be interpreted as giving either party a
right of indemnification, either by Agreement or at law, for claims arising out of the
performance of this Agreement.
MSHDA Housing Education Program Grant Agreement pg. 9
and from any and all claims and losses occurring or resulting to any person, firm, or Grantee who
may be injured or damaged by the Grantee's contractor's, subcontractor's, or sub-grantees, or sub-
recipients negligence in the performance of this Agreement; and against any liability, including
costs and expenses, for violation of proprietary rights, copyrights, or rights of privacy.
25.Notices. Any notices sent under the terms of this Agreement will be sent to the parties at their
addresses listed above. Any notice to the Authority shall also be sent to Director of Legal Affairs,
735 E. Michigan, P.O. Box 30044, Lansing, MI 48909. Notice shall be deemed to have been given
(a)on the third business day after sending by first class U.S. Mail, postage prepaid; (b) on the next
business day after sending by national overnight courier service; and (c) on the same day if hand
delivered to the party's address.
26.Miscellaneous. This Agreement shall be governed by Michigan law and shall be binding upon the
Grantee’s successors, assigns, and legal representatives. This Agreement and the rights and
obligations of the parties under this Agreement may not be assigned or delegated by either party
without the prior written consent of the other party, and any purported assignment without such
consent shall be void. This Agreement and all exhibits hereto constitute the entire agreement
between the parties. All records pertinent to this Agreement are subject to public disclosure under
the Michigan Freedom of Information Act; 1976 PA 442; MCL 15.231 et seq. The Grantee shall
insert the provisions of this section into any subcontract entered into to accomplish the terms of
this Agreement. The Grantee agrees that the Authority may, at its own discretion and with the
written concurrence of the Grantee, increase or decrease the amount of funds available to the
Grantee under this Agreement by amending the program description, program budget, and special
conditions contained in Exhibit A. The Grantee further agrees that any such increases or decreases
shall be governed by the terms of this Agreement and such other statutory, regulatory, or contractual
requirements now or hereafter in effect for the receipt and expenditure of the funds as administered
by the Authority.
27.Counterparts. This Agreement may be executed in one or more counterparts (including by means
of electronic transmission in portable document format (pdf) or comparable electronic
MSHDA Housing Education Program Grant Agreement pg. 10
transmission), each of which shall be deemed an original and all of which together shall constitute
one and the same agreement, binding on all of the parties hereto, notwithstanding that all the parties
are not signatories to the original or the same counterpart.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
MSHDA Housing Education Program Grant Agreement pg. 11
IN WITNESS WHEREOF the Authority and the Grantee have executed this Agreement as of the
date first above written.
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Date: ______ By: __________________
Carol Brito
Program and Business Development Manager
COUNTY OF OAKLAND
Date: _______ By: __________________
Printed Name:
Title:
MSHDA Housing Education Program Grant Agreement pg. 12
EXHIBIT A
Program Requirements
Grant Term:
Pre-Disbursement Conditions:
I. Overview
A. The purpose of the Housing Education Program Grant Agreement (the “Agreement”) between
the Michigan State Housing Development Authority’s (“MSHDA” or “Authority”) and
County of Oakland (“Grantee”) is to set forth the terms and conditions under which the
Authority will provide federal assistance to Grantee to carry out an Authority-approved
Housing Counseling Program.
The Authority agrees to disburse to the Grantee up to $18,000 (Eighteen Thousand Dollars)
to provide housing education. The Grantee agrees to provide the services described in this
Exhibit A attached and incorporated into the Agreement and further agrees to comply the
Authority’s Housing Education Program (“HEP”) Handbook.
II. Objectives, Tasks and Deadlines
A. Objectives. To successfully perform the services described in Section I above, the Grantee
shall, in a satisfactory and proper manner as determined by the Authority, provide housing
education services in accordance with the Agreement and this Exhibit A.
1. At the execution of the Agreement and throughout the term of the Agreement, the
Grantee shall operate either as a unit of government or a nonprofit corporation that
is in good standing to do business within the State of Michigan.
2. The Grantee will provide services in accordance with Authority Guidelines.
3. The Grantee shall maintain its status with Authority to provide the Housing
Counseling Services identified in its Agreement, thereby assuring that all critical
components of effective counseling are present for each participant based on
Authority guidelines.
4. The Grantee shall become, and maintain status as, a HUD-approved Local Housing
Counseling Agencies (LHCA), and counselors must be HUD-certified. Ensure all
Housing Counselors are deemed under HUD’s Final Rule.
5. The Grantee shall ensure that only HUD-certified Counseling staff administer
workshops and/or individual counseling in accordance with HUD requirements and
Authority Guidelines.
6. Grantee shall, in consultation with the Authority, develop an evaluation plan for their
Housing Counseling Program. In addition, Grantee will cooperate with the Authority
in any review and analysis of the program. Grantee agrees to incorporate
recommendations and industry best practices recommended by these evaluation
processes. Grantee agrees to participate in any training required by the Authority as
a result of any review. Grantee agrees that the failure to participate in a training
MSHDA Housing Education Program Grant Agreement pg. 13
mandated by the Authority may result in the termination of this Agreement and/or
the recapture of funds.
The term of this Agreement shall commence on July 1, 2022 and will continue until funds have
been exhausted or the Agreement ends on June 30, 2023, whichever occurs first. Terms and
conditions of this Agreement will apply to the MSHDA/HUD Grant Agreement: Housing
Counseling Program Grant Award.
B. Products or Milestones to be met. Agency may provide one or more of the following
services:
ONE-ON-ONE COUNSELING
• Homeless Assistance
• Rental Topics
• Pre-purchase/Homebuying
• Home Maintenance and Financial Management for Homeowners (Non-
Delinquency Post-Purchase)
• Resolving or Preventing Mortgage Delinquency or Default
GROUP EDUCATION
• Financial literacy workshop, including home affordability and budgeting
• Predatory lending, loan scam or other fraud prevention workshop
• Fair housing workshop
• Homelessness prevention workshop
• Rental workshop
• Pre-purchase homebuyer education workshop
• Non-delinquency post-purchase workshop, including home maintenance and/or
financial management for homeowners
• Resolving or preventing mortgage delinquency workshop
C. Deadlines for Completing Objectives.
The term of the Agreement shall commence on July 1, 2022 and will continue until funds have
been depleted or the Agreement ends on June 30, 2023, whichever occurs first.
III. Standards for Performance
The Grantee shall perform the tasks/activities and complete the objectives in accordance with the
following standards:
A. If Grantee provides services for which a fee is charged to the client, Grantee must submit a
copy of its fee structure for the Authority’s approval with this Agreement.
B. Grantee must utilize a HUD-approved Client Management System, and the agency actively
protects the confidentiality of each client’s personal and financial information, including credit
reports, regardless of whether the information is received from the client or from another source
or is collected electronically or on paper. Grantee shall not disclose such information to anyone
other than the Authority or other parties to whom the client consents to on the release of the
information.
MSHDA Housing Education Program Grant Agreement pg. 14
C. Grantee is required to submit quarterly and final reports. Grantee must upload information in
the Authority’s MATT 2.0 billing system, utilizing Time Activity Reports (“TARs”), and
provide documentation such as invoices based on the Authority requirements.
D. All Housing Counseling Agencies (“HCA”s) participating in HUD's Housing Counseling
Program are required to use a Client Management System (“CMS”) that interfaces with HUD's
Housing Counseling System (“HCS”). A CMS is a commercial or self-developed online
housing counseling application that automates much of the housing counseling process,
including client intake, file maintenance, financial and credit analysis, outreach, client
notification, and reporting. Automated data transfer from each agency’s CMS to HUD’s HCS,
replacing the manual input process.
E. The Grantee must submit or upload documentation of the following items and incorporate any
reporting changes HUD and/or the Authority may deem necessary throughout the Agreement
period:
1. Administrative Costs which must be supported by documentation such as invoices,
fully loaded hourly rate calculation forms or negotiated indirect cost rate agreement
(NICRA) to back up amounts and must be maintained by Grantee for audit purposes.
2. Invoices for actual use of funds.
3. Indirect Expenses (optional 10% of modified total direct cost rate) or an approved
Negotiated Indirect Cost Rate Agreement (“NICRA”).
F. By submitting invoices in the MATT 2.0 billing system, Grantee certifies to the best of
Grantee’s knowledge and belief that the report is true, complete and accurate and the
expenditures, disbursements and cash receipts are for the purposes and objectives set forth in
the terms and conditions of the State or Federal award, including this Agreement. Grantee is
aware that any false, fictitious, or fraudulent information or the omission of any material fact,
may subject Grantee to criminal civil or administrative penalties for fraud, false statements,
false claims, or otherwise.
G. Grantee will meet with HUD and/or Authority staff to discuss program progress.
H. Grantee must meet the following billing thresholds:
a. 25% - 3 months
b. 50% - 6 months
c. 75% - 9 months
d. 100% - 12 months
I. Grantee will make counseling services available to persons with disabilities and persons with
limited English proficiency.
MSHDA Housing Education Program Grant Agreement pg. 15
J. Grantee will comply with the Fair Housing Act, the privacy requirements of the Gramm-Leach-
Biley Act 15 USC, Subchapter I, Sec. 6801-6809 and the Real Estate Settlement Procedures
Act.
K. Grantee will comply with the local, state, and federal laws pertaining to discrimination,
including, but not limited to, the Fair Housing Act (42 U.S.C. 3601-19) and implementing
regulations; Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4) and
implementing regulations; Title VIII of the Civil Rights Act of 1968 (as amended by the Fair
Housing Amendments Act of 1988) and implementing regulations; the Age Discrimination Act
of 1975 (42 U.S.C. 6101-07) and implementing regulations; Title II of the Americans with
Disabilities Act (42 U.S.C. 12101, et seq); the Elliott-Larsen Civil Rights Act; and the
Michigan Persons With Disabilities Civil Rights Act.
L. Grantee will utilize a secure Client Management System as a data repository for client
information.
MSHDA Housing Education Program Grant Agreement pg. 16
EXHIBIT B
Sample Time and Activity Report Form
[Attached]